Summary: We will not exercise discretion to investigate this complaint about the responsibility for a drainage system which affected Mr X’s property in 2018. The complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council’s failure to confirm ownership of a drainage system affecting his property. He says it incorrectly gave advice to the drainage utility company in 2018 which placed responsibility on the householders affected.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says his and a neighbour’s garden was destroyed following a landslip in 2018. This required building a large retaining wall with considerable backfilling. He believes the water utility company is responsible for the pipes which ran under the site causing the damage. However, the utility company has denied liability so far.
6. He says the Council gave advice to the utility company in 2018 which confirmed that the drainage system was privately owned by the householders. The Council says it simply responded to enquiries from the company and gave impartial advice based on what records it had. This did not carry any legal authority and it maintains that the responsibility for the drainage is a civil matter for the householders and the utility company to decide.
7. Mr X submitted a formal complaint against the Council and in November 2020 it advised him to complain to us as it did not uphold his complaint. Mr X did not complain to us until September 2022 which is outside the normal 12-month period for receiving complaints. There is no evidence to suggest that Mr X could not have complained to us sooner as he was referred to us in 2020.

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Final decision

8. We will not exercise discretion to investigate this complaint about the responsibility for a drainage system which affected Mr X’s property in 2018. The complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman